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Scottish Law Commission concerned by lack of action on proposals
Lord Drummond Young, chairman of the Scottish Law Commission, has taken issue with the Scottish Government for its consistent failure since devolution to implement the Commission's proposals for law reform.
In his introduction to the SLC’s annual report for 2008, Lord Drummond Young comments: "It is a matter of some concern that the number of Commission reports that remain unimplemented has risen significantly since devolution.
"Many of these reports result from ministerial references, and in nearly all cases the report has not received any official reaction."
The judge said that failure to implement the recommended reforms would result in Scots law falling behind the rest of the world.
"The rate of implementation of Scottish Law Commission reports now compares unfavourably with other jurisdictions of similar size such as New Zealand and the larger Australian states.
"The work of law reform bodies is particularly important in such jurisdictions because the opportunities to develop the law through court decisions are not as numerous as in larger jurisdictions. The danger is that Scots law will fall behind the rest of the world's legal systems in responding to the challenges of an era marked by rapid technological and economic change."
To download the Scottish Law Commission's annual report for 2008, click here